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2006-2-20CHATPER 1,Legal English,2005-2006 II1 Chapter One Introduction to Legal English Legal English – SEMESTER 2 2005-2006 Presented by Xiaowen Cha,Dept.

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Presentation on theme: "2006-2-20CHATPER 1,Legal English,2005-2006 II1 Chapter One Introduction to Legal English Legal English – SEMESTER 2 2005-2006 Presented by Xiaowen Cha,Dept."— Presentation transcript:

1 2006-2-20CHATPER 1,Legal English,2005-2006 II1 Chapter One Introduction to Legal English Legal English – SEMESTER 2 2005-2006 Presented by Xiaowen Cha,Dept. of Social Science, Maoming College

2 2006-2-20CHATPER 1,Legal English,2005-2006 II2 A better prospect for lawyers who are Legal English experts WTO 5

3 2006-2-20CHATPER 1,Legal English,2005-2006 II3 PER CURIAM: Nathan, a nonresident of NY, appeared specially in an NY domestic-abuse case under NY Code chapter 236(1999) to challenge the courts personal jurisdiction over him. Could you tell me the meaning of the following Para? (1) (2) (3)

4 2006-2-20CHATPER 1,Legal English,2005-2006 II4 Part I Course Introduction 1.What is Legal English? 2.What can we learn from this course? 3.How do we organize the teaching and study? 4.Assessment 5.Tips for well-learning 6.Reading list and resources

5 2006-2-20CHATPER 1,Legal English,2005-2006 II5 I-1.What is Legal English? Legal language or the language of the law The language used by lawyers, judges and jurists, including certain vocabularies, terms and certain expression.

6 2006-2-20CHATPER 1,Legal English,2005-2006 II6 I- 2.What can we learn from this course?

7 2006-2-20CHATPER 1,Legal English,2005-2006 II7 I- 3.How do we organize the teaching and study? A.Lecture (Chinese and English) Background knowledge of each chapter. Legal terms occurring in each main-text B.Seminar (English) Topics discussion Case-study (eg. Contract law) Presentation by group work (eg. Legal Education) C.Simulation (English) Negotiation stimulation (eg.Commercial law) Opening a company (eg.Company law) D.Movie Watching Civil procedure Criminal procedure

8 2006-2-20CHATPER 1,Legal English,2005-2006 II8 I- 4.Assessment A.The general assessed assignments of lectures or seminars (including writing, speaking) B.Two pieces of written assessed coursework (which MUST be your own individual work and be fully and properly referenced) C.A two hours unseen written examination in Jun. D.Your attendance and attitude

9 2006-2-20CHATPER 1,Legal English,2005-2006 II9 I- 5.Tips for well-learning A.A good law dictionary B.Pay more attention to study the background legal knowledge C.Pre-reading and review for each lecture or seminar (the best important) D.Note-taking is necessary E.Make use of the e-resources

10 2006-2-20CHATPER 1,Legal English,2005-2006 II10 1) : 2004 2) : 3) · : 2003 4) ·1-3 : 2003 5) · : 1999 6), :, 1997 7) · :, 2004 8) :, 1998 9) Bryan A. Garner -A Dictionary of Modern Legal Usage :, 2002 10)Catherine Elliott, Quinn F., English Legal System, Edinburgh: Pearson Education Limited, 2002 11) Bradgate Robert, Commercial Law, London: Butterworths, 1995 12) Jill Poole, Contract Law, London: Blackstone Press, 2001 13) John H.Jackson, Legal Problems of International Economic Relations: cases, Materials and Text on The National and International Regulation of Transnational Economic Relations, USA: West Publishing Co.,1995 I- 6.Reading list

11 2006-2-20CHATPER 1,Legal English,2005-2006 II11 I- 6.E-Resources : Willem C. Vis : PACE : : : : : : : Lexis Nexis Westlaw Swetswise : : : :

12 2006-2-20CHATPER 1,Legal English,2005-2006 II12 Part II Elementary Knowledge of law 1.How is law classified? 2.Source of law 3.Language focus

13 2006-2-20CHATPER 1,Legal English,2005-2006 II13 II-1 Classification of Law a)Common law and Equity b)Distinguishing law by looking at to whom the law is addressed. Private law relates to individual citizens(contract law, tort law, property law, company law, family law,etc.) Public law relates to institutions of government(constitution, administrative law, criminal law,tax law,etc.) c)Procedural law and Substantive law Procedural law regulates how rights and obligations are enforced Substantive law defines rights and obligations. According to different criterions, law can be categorized in a number of ways.In Anglo-American legal system countries,

14 2006-2-20CHATPER 1,Legal English,2005-2006 II14 II-2 Source of Law Generally, law comes from sources:constitution, statutes and court decisions, but every country has its own features.What we talking about are the sources of Anglo-American law English law Legislation and case law Legislation is produced through parliamentary system Case law created by judges in the course of deciding cases(court decision, judicial decision/common law/equity) American law A.Constitution B.Statutes Enacted by Congress or the legislature or a state(legislation) C.Administrative rules and regulation Legislative bodies give their power to governmental entities, eg., EPA,SEC D.Common law

15 2006-2-20CHATPER 1,Legal English,2005-2006 II15 Exercise 1) 2) 3) 4) 5) 6) 7) 8) 9) 10) a)Common law system b)Public law c)equity d)Criminal law e)Private law f)Civil law g)Procedural law h)Common law i)Substantive law j)Continental legal system/civil law system Match the following Chinese terms with their English Equivalents by drawing lines between them.

16 2006-2-20CHATPER 1,Legal English,2005-2006 II16 II- 3 Language focus-Contd Useful everyday expressions (1) Expressing ones idea or opinion A.As I see, law often forbids or publishes peoples. B.In my opinion, law is a set of rules which regulate peoples behavior. C.For my part, we categorize law on different bases. D.As far as I concerned, a civil case is brought by one citizen or body against another citizen or body. E.In my view, it just means social habits, patterns of behavior F.To my mind, theyre books, not laws at least

17 2006-2-20CHATPER 1,Legal English,2005-2006 II17 II- 3 Language focus -Contd (2) Expressing disagreement Im not really sure youre right. I disagree with you entirely Im afraid I dont agree I really cant agree I wouldnt agree what you said I wouldnt go along with you here Well, it depends Im not so certain You must be joking No, I dont think so really I dont agree with either of you. Practice: Work in pairs, expressing your disagreement on the following statement and then trying to put forward your opinion. What is the best way to study legal English?

18 2006-2-20CHATPER 1,Legal English,2005-2006 II18 II- 3 Language focus (3) Classifying A.Law can be classified into criminal law, civil law, common law and so on B.Law can be categorized in a number of ways C.So weve sorted law into many categories (4) Comparing and differentiating The two legal systems vary in may aspects The meaning of common law is different when contrasted with equity Can you discern between common law and statute? We distinguish them by looking at to whom the law is addressed. Can you differentiate them?

19 2006-2-20CHATPER 1,Legal English,2005-2006 II19 Suggested Law Dictionaries 1. West Publishing Company ( ) (B lack s L aw D ictiona ry ), 2. : Butterworth's Legal Words Dictionary. Duhaime's Law Dictionary. Merriam Webster Dictionary of Law. FindLaw Legal Dictionary Legal Dictionary. International Law Dictionary & Directory. Eaton County, Michigan Prosecuting Attorney: Common Legal Terms in Michigan. Minnesota Supreme Court Legal Glossary. See also OneLook Dictionaries.

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